An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

Prior to recent amendments to Labor Code section 233, there was express language in the statute that supported the ability of employers to follow the terms of their sick leave policy. This included the ability to request medical notes for absences. However, S.B. 579 removed the following sentence: “ All conditions and restrictions placed by the employer upon the use by an employee of sick leave also shall apply to the use by an employee of sick leave to attend to an illness of his or her child, parent, spouse, or domestic partner. ” With the deletion of this statutory language, the law is now unsettled as to whether an employer may request a doctor’s note from an employee who is attending to the medical condition of him or herself, or a family member during the use of sick leave that is protected under Labor Code section 233. Therefore, absent further clarification from the Labor Commissioner, employers should not require a doctor’s note for use of sick leave unless all Protected Sick Leave has been exhausted, with the understanding that this is an open question that may be addressed further by the Labor Commissioner in the future. A. E LIGIBILITY The California Fair Employment and Housing Act (“FEHA”), Government Code section 12945, gives employees disabled by their pregnancy the right to take unpaid medical leave and to have their health benefits maintained during the leave. There is no minimum service requirement for eligibility. 1077 An employee is entitled to pregnancy disability leave (“PDL”) immediately after she is hired. Schools with five or more full or part time employees must provide eligible employees with PDL. 1078 LCW Practice Advisor The FEHA does not apply to schools that are incorporated as religious non-profit corporations. (See the Recognizing And Preventing Harassment, Section 3 C ALIFORNIA P REGNANCY D ISABILITY L EAVE

Discrimination And Retaliation Chapter, Section 3.) However, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidelines on employer responsibilities with regard to pregnant employees under federal workplace laws. The Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Guidance”) advances the EEOC’s position that the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”), as well as other federal statutes, offer expansive accommodations to pregnant employees that are similar to those guaranteed under the FEHA. 1079

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